To establish the method by which veterans may apply for and receive full or partial credit for a license under Chapter 493 considering training and education received during military service.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.119Credit for Relevant Military Training and Education

PURPOSE AND EFFECT: To establish the method by which veterans may apply for and receive full or partial credit for a license under Chapter 493 considering training and education received during military service.

SUMMARY: Section 493.61035, F.S., passed during the 2016 legislative session, requires the Department to provide a method by which honorably discharged veterans may apply for licensure under Chapter 493, F.S. and receive credit for substantially similar military training and education. The proposed rule outlines how such credit, if applicable, will be applied.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. No additional costs are imposed on licensee as the proposed rule provides veteran applicants an option to receive credit for substantially similar military training and/or education when applying for a license regulated by chapter 493.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 493.6103, FS.

LAW IMPLEMENTED: 493.61035, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Roberts, Government Analyst, Division of Licensing; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5N-1.119 Credit for Relevant Military Training and Education

(1) To receive credit for relevant military training or education that is substantially similar to the training or education required for licensure, applicants shall submit a DD Form 214 at time of application.  Other official documents showing military training, education, or experience will also be considered, including, joint services transcripts, training certificates, job evaluation reports, or commanding officer letters describing particular training or experience and number of hours dedicated to its performance. 

(2) With regard to military experience, substantially similar means “equivalent experience” as defined in Rule 5N-1.100(3), except it need not be substantially identical.

(3)  Prior to denial of a license, each applicant will be provided with written notification identifying overlaps and gaps between the requirements for licensure and the military training or education received and completed by the veteran, and programs that offer training and education to assist with overcoming any deficiencies.

(4) An applicant for a Class “DI” or Class “D” license meets the substantially similar requirement for having served not less than one year on active duty as a military policeman, security police officer, or in other military law enforcement duty.

(5) An applicant for a Class “C” license meets the substantially similar requirement for having served not less than 2 years on active duty as a military police investigator, security police investigator, or command investigator. Those discharged with less than 2 years of service will receive equivalent partial credit. Applicants receiving credit for relevant military training toward a Class “C” license must also pass an examination administered by the department as required by Section 493.6203(5), F.S.

(6) An applicant for a Class “MB” license meets the substantially similar requirement for having served in the military in any capacity for not less than 2 years at pay grade E4 or above. Those discharged with less than 2 years of service will receive equivalent partial credit.

(7)  An applicant for a Class “MA” license meets the substantially similar requirement for having served in the military for not less than 2 years at pay grade E4 or above provided that 2 years were in the capacity of military police investigator, security police investigator, or command investigator. Applicants receiving credit for relevant military training toward a Class “MA” license must also pass an examination administered by the department as required by Section 493.6203(5), F.S.

(8) An applicant for a Class “M” license meets the substantially similar requirement for having served in the military for not less than 4 years at pay grade E4 or above provided that 2 of those years were in the capacity of military police investigator, security police investigator, or command investigator. Applicants receiving credit for relevant military training toward a Class “M” license must also pass an examination administered by the department as required by Section 493.6203(5), F.S.

(9)  An applicant for a Class “G” license meets the substantially similar requirement if he or she was discharged within the last 12 months from serving as a military police officer, and completed:

(a) Army Military Police Course (MOS – 31B or 31O)

(b) USMC Military Police Course (MOS – 5811, 5803, 5800)

(c) Air Force Security Specialist Course (MOS – 3P with anything following)

(d) Navy Master-at-Arms (MOS – MA with anything following) or

(e) Army Resettlement or Corrections Specialist Course (MOS – 31E).

Rulemaking Authority 493.6103, FS. Law Implemented 493.61035, 493.6203(5), FS. History–New          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Grea Bevis, Director, Division of Licensing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 17, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 13, 2016